Former Seabrook state rep. Gary Wheaton to fight latest charges

Friday

May 6, 2011 at 2:00 AM

HAMPTON — Former Republican state Rep. Gary Wheaton, of Seabrook, said he will plead not guilty in court next week to charges that allege he was speeding and driving with a suspended license on April 5.

Patrick Cronin

HAMPTON — Former Republican state Rep. Gary Wheaton, of Seabrook, said he will plead not guilty in court next week to charges that allege he was speeding and driving with a suspended license on April 5.

Wheaton, who is scheduled to be arraigned Wednesday at Hampton District Court, said he plans "to fight it and win."

The former state representative and current law student who resigned shortly after he was arrested by Hampton police on April 5, is campaigning to regain his seat in the upcoming special election, called after he stepped down.

One thing that may aid the former lawmaker in his case is a little-known section in the New Hampshire Constitution that prevents police from detaining or arresting a state legislator en route to the Statehouse. On the day he was pulled over and taken into custody, Wheaton said he was on his way to the Statehouse after being notified the night before about a meeting of the House Judiciary Committee, of which he was a member.

Hampton Police Lt. Dan Gildey said Wednesday that Wheaton's arresting officer had no idea he was a state representative at the time he was taken into custody on April 5.

The vehicle Wheaton was driving did not have a visible license plate denoting he was a state representative, police said. According to a statement issued by the Hampton Police Department, Wheaton was stopped at 8:55 a.m. after he was seen speeding on Route 1. The statement said Wheaton could not immediately produce a driver's license or other identification and was taken into custody. It was only on the way to the police station that Wheaton told the officer he was a state representative on his way to the Statehouse, according to the release.

The release went on to say that, once at the Police Department, Wheaton's identification was confirmed and he was released on a summons. Wheaton was also charged with a traffic-control device violation, typically issued to a driver accused of running a stop sign or traffic light, or failing to yield.

Wheaton said he won't bring up the constitution's Part Second Article 21, adopted in 1784, as his possible defense if he doesn't have to. He also has backed away from claims he made at the time of his April 5 arrest that suggested the charges may have been politically motivated because of his anti-union votes.

"I don't know if I need to go there," Wheaton said. "If I can beat the rap anyways, it's not necessary to go there."

A similar defense citing Article 21 was posed by former state Rep. Beatrice Francoeur in 2007, who tried to get out of paying a $75 speeding ticket she received on the way to Gov. John Lynch's inauguration. However, Judge Michael Ryan ruled in that case that Article 21 doesn't amount to a kind of diplomatic immunity.

In his court case, Wheaton said, he does plan to present evidence of a letter from the state Department of Motor Vehicle stating his license was reinstated March 29, even though that reinstatement turned out not to be the case.

"That created some confusion," he said.

Wheaton's license was suspended for 60 days on Jan. 28 after he pleaded guilty to reckless conduct in Derry District Court, a charge brought by the Londonderry Police Department. He was initially charged with driving while intoxicated on Sept. 18, but the charge was reduced as part of a plea deal.

Wheaton reiterated Wednesday that he should have fought the underlying DWI charge, because he was not intoxicated and never left the parking lot of the Londonderry restaurant where he was arrested. He did admit to refusing to take a Breathalyzer test.

Wheaton, 50, is a business consultant who said he's also studying law, and given his recent arrests, is now considering a career as a defense attorney.

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